Immigrant Visas
Family-based, Immediate Relatives
Who is eligible?
Those eligible are as follows: spouse of a U.S. citizen; parent or step-parent of a U.S citizen; child or step-child of a U.S. citizen; and spouse of a deceased U.S. citizen .
Note: A step-parent or child will qualify for immigration only if the marriage creating the step-parent/child relationship occurs before the child's 18th birthday.
Complete instructions for completing the I-130 can be found on the U.S. Citizenship and Immigration Services website http://www.uscis.gov/files/form/I-130instr.pdf (PDF format).
What is a “Spouse”?
A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.
How do I apply?
The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file a Form I-130, Petition for Alien Relative with the U.S. Citizenship and Immigration Services (USCIS). A separate petition must be filed for each person immigrating.
Note: A petition cannot be filed for a spouse until the marriage ceremony has taken place. The natural child of a U.S. citizen may have claim to U.S. citizenship. A petition cannot be filed until it has been established that the child is not a U.S. citizen.
An appointment package is sent to the agent or the applicant. (See note below.) The appointment package gives the applicant an interview date and tells you the specific requirements of the visa. It includes instructions on where to go to have the required medical examination. In general, the following is required:
• A passport valid for travel to the United States and with a validity date at least six months from the date of the visa issuance.
• Birth certificate
• Divorce or death certificate of any previous spouse
• Marriage certificate
• Police certificate from all places lived since age 16
• Medical examination
• Evidence of financial support. A completed Form I-864 Affidavit of Support from petitioner/sponsor is required.
• Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II
• Two immigrant visa photos
• Proof of the marriage and the husband/wife relationship
• Payment of immigrant processing fees, as explained below
• An applicant may bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. The consular officer may ask for more information.
• Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the immigrant visa interview. Original documents can then be returned to you.
Note: The National Visa Center sends appointment packages to the agent for applicants in certain countries when the petitions are filed in the United States. The embassy or consulate sends appointment packages to applicants in all other countries. It also sends appointment packages to all applicants whose petitions are already at the embassy or consulate.
Derivative Status
A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition.
If you are a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now.
Remember that children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will decide whether your child is a U.S. citizen and can have a passport. If the consular officer decides your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.
Termination of All Previous Marriages
U.S. law does not allow polygamy. If you were married before, you and your spouse must both show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you can file only for your first spouse.